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D. Step 3. <br />The City Manager or designee shall deliver the Step 2 written response to <br />the employee within ten (10) calendar days after meeting with the <br />employee. <br />If the grievant is not satisfied with the Step 2 response, the grievant must <br />submit the grievance in writing to Step 3 (binding arbitration) to the <br />Executive Director of Human Resources or designee within ten (10) <br />calendar days of receiving the Step 2 response. Should the grievant fail to <br />file a written grievance at Step 3 within ten (10) calendar days after <br />receiving the response at Step 2, the grievance shall be barred and waived. <br />2. The City and Association agree to select an arbitrator in the following <br />manner: <br />a. The City and Association shall refer to the mutually -approved list of <br />arbitrators as specified in Section 15.2(A)(2)(b). <br />b. The City and Association shall select an arbitrator via the striking <br />method. The parties shall mutually agree which party strikes the first <br />name. If the parties cannot mutually agree, the parties shall toss a <br />coin to determine who shall strike the first name. Once the arbitrator <br />is selected, the parties will contact the arbitrator to schedule a <br />hearing. <br />C. If none of the identified arbitrators are able to take the case, then the <br />parties will request a list of seven (7) arbitrators from the State <br />Mediation and Conciliation Services. Once the list is received, the <br />representatives of the parties shall strike names until an arbitrator is <br />chosen. The parties shall mutually agree which party strikes the first <br />name. If the parties cannot mutually agree, the parties shall toss a <br />coin to determine who shall strike the first name. Once the arbitrator <br />is selected, the parties will contact the arbitrator to schedule a <br />hearing. <br />3. Hearing Process: During the hearing, the formal rules of evidence do not <br />apply. The cost of the arbitration including but not limited to the list of <br />arbitrators, the arbitrator themselves, and the court reporter shall be split <br />evenly between the City and Association. The arbitrator's decision shall be <br />final and binding. The arbitrator shall issue their decision within thirty (30) <br />calendar days from the conclusion of the hearing, unless the parties agree <br />otherwise. <br />CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1, 2022 THROUGH JUNE 30, 2025 <br />Page 56 <br />